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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Whether the lawsuit of this case is legitimate
A. On February 22, 2017, the Plaintiff sought payment of the remainder of KRW 33 million out of the sales price of C Co., Ltd. sold to the Defendant on February 22, 2017 by the instant lawsuit, and ex officio, whether the instant lawsuit is lawful or not.
B. According to Article 292 of the Debtor Rehabilitation and Bankruptcy Act, when a decision to discontinue the rehabilitation procedures becomes final and conclusive after a rehabilitation plan is rejected, entry in the table of rehabilitation creditors on rehabilitation claims has the same effect as a final and conclusive judgment on the debtor, and subsequent compulsory execution is possible. Therefore, there is no benefit in legal action to file a separate performance lawsuit on the rehabilitation claims
C. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 13, 14, and 1 and 2 as to the instant case, the Defendant filed an application for rehabilitation with the Changwon District Court 2017 Ma10030, which was decided on August 9, 2017, and the Plaintiff filed a rehabilitation claim for the claim of KRW 33 million as the rehabilitation claim. Accordingly, the above KRW 33 million was confirmed as it is stated in the rehabilitation claim list, and the Changwon District Court rendered a decision to discontinue the rehabilitation procedure on August 20, 2018 on the ground that the rehabilitation claim is unlikely to obtain the consent of the creditors and that the legal administrator of the Defendant applied for the closure of the rehabilitation procedure on August 17, 2018, and the above decision became final and conclusive. According to the above facts acknowledged, according to the above facts, the Plaintiff’s claim by the instant lawsuit became final and conclusive as the rehabilitation claim list and becomes effective as the same as the rehabilitation claim list.
Therefore, inasmuch as compulsory execution can be conducted against the defendant based on the table of rehabilitation creditors prepared in the above rehabilitation procedure, the instant lawsuit seeking payment of the above KRW 33 million is unlawful as there is no benefit of lawsuit.
2. Conclusion, this case.